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By: Thimesch, et al. (Senate Sponsor - Hughes) |
H.B. No. 3331 |
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(In the Senate - Received from the House April 24, 2023; |
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May 5, 2023, read first time and referred to Committee on |
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Jurisprudence; May 17, 2023, reported favorably by the following |
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vote: Yeas 5, Nays 0; May 17, 2023, sent to printer.) |
| Click here to see the committee vote |
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COMMITTEE VOTE |
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YeaNayAbsentPNV |
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HughesX |
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JohnsonX |
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CreightonX |
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HinojosaX |
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MiddletonX |
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A BILL TO BE ENTITLED
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AN ACT
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relating to a convicted felon serving as executor of a decedent's |
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estate in certain circumstances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 304.003, Estates Code, is amended to |
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read as follows: |
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Sec. 304.003. PERSONS DISQUALIFIED TO SERVE AS EXECUTOR OR |
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ADMINISTRATOR. (a) Except as provided by Subsection (b), a [A] |
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person is not qualified to serve as an executor or administrator if |
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the person is: |
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(1) incapacitated; |
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(2) a felon convicted under the laws of the United |
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States or of any state of the United States unless, in accordance |
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with law, the person has been pardoned or has had the person's civil |
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rights restored; |
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(3) a nonresident of this state who: |
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(A) is a natural person or corporation; and |
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(B) has not: |
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(i) appointed a resident agent to accept |
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service of process in all actions or proceedings with respect to the |
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estate; or |
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(ii) had that appointment filed with the |
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court; |
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(4) a corporation not authorized to act as a fiduciary |
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in this state; or |
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(5) a person whom the court finds unsuitable. |
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(b) A person described by Subsection (a)(2) is not |
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disqualified from serving as an executor of a decedent's estate |
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under Subsection (a)(2) if: |
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(1) the person is named as executor in the decedent's |
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will; |
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(2) the person is otherwise qualified to serve as an |
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executor; and |
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(3) the court approves the person serving as an |
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executor. |
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SECTION 2. The changes in law made by this Act to Section |
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304.003, Estates Code, apply only to the estate of a decedent who |
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dies on or after the effective date of this Act. The estate of a |
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decedent who dies before the effective date of this Act is governed |
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by the law in effect on the date of the decedent's death, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |
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* * * * * |